DAMARI RAI Vs. RAMPIRIT AHIR

JUDGEMENT

(1.) THIS is a defendants' application against an order, dated 20th September 1948, passed by the Additional Subordinate Judge of Arrah confirming that of the Additional Mansif of Buxar, dated 13th March 1948, setting aside an award given by an arbitrator appointed by the parties, out of Court.

(2.) IT appears that on 20th March 1946, the parties agreed to refer their differences to the arbitration of a single person. The arbitrator gave his award on 18th January 1947, apparently in favour of the defendant. On 31st July 1947, the opposite party purported to file a 'suit' to set aside the award on the ground of misconduct of the sole arbitrator. Both the Courts below have agreed in setting aside the award. Hence this application in revision by the defendants.